Cantwell Agrees to Settle with Drapac

By Gary Hunt | 21 May 2018

As reported on www.bicyclingaustralia.com back in May 2016, Jonathan Cantwell and his related company, Cycling Concepts Pty Ltd sued Drapac Professional Cycling (DPC) in the County Court of Victoria alleging that DPC had breached its contract with him by terminating that contract in late 2014.

Cantwell claimed in excess of $1.2 million in damages plus interest and legal costs. DPC denied that it had breached the contract. Rather, it alleged multiple flagrant breaches of the contract by Cantwell which entitled it to terminate. See the press release from Drapac below.

MEDIA RELEASE – DRAPAC PROFESSIONAL CYCLING

1. Jonathan Cantwell and his related company, Cycling Concepts Pty Ltd sued Drapac Professional Cycling (DPC) in the County Court of Victoria alleging that DPC had breached its contract with him by terminating that contract in late 2014. Cantwell claimed in excess of $1.2 million in damages plus interest and legal costs.

2. DPC denied that it had breached the contract. Rather, it alleged multiple flagrant breaches of the contract by Cantwell which entitled it to terminate, including:

(a) Cantwell opened and operated a bike shop which required a significant commitment of time and which had not been disclosed to DPC prior to entering the contract. Rather, Cantwell had disclosed only that he had entered a distribution agreement with Swift Carbon which would have a minimal impact on his time;

(b) a failure to undertake adequate training loads, as recorded in his Training Peaks account. This included rides which appeared to include coffee stops and which went from home to the bike shop Cantwell had opened;

(c) various other misconduct, including requiring special treatment for attendance at training camps and encouraging riders whilst in a race to act contrary to team tactics.

3. The trial was due to commence in the County Court on 21 May 2018, On Tuesday 8 May 2018, DPC and Cantwell agreed to settle the claim on the basis that DPC would pay to Cantwell the sum of $1.00.

4. Whilst DPC would have been content to fully ventilate its position in Court, it is very pleased with the outcome and considers that the settlement demonstrates a complete vindication of its position, and its termination of the contract.

5. Team director Michael Drapac said that “DPC always considered the claim to be an unmeritorious and opportunistic claim brought by someone who had failed to comply with the most essential duty of a professional cyclist-to give his best effort in preparing for the team. DPC considered that this was in part due to the failure by Mr Cantwell to properly disclose prior to entering the contract the commitments he had taken on in addition to his commitments to the team. DPC is very pleased with the outcome and to finalise the matter and looks forward to future cycling successes.”

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